3 Strategies To Know You've Picked The Best Lawyer It's pretty intimidating to undergo the legal court system, particularly if lack confidence inside your legal team. Listed here are three important strategies to understand that you've hired the right lawyer: 1. They Focus On Your Type Of Case Legal requirements is normally tricky and that requires specialists to tackle the tough cases. When you want an attorney, try to find one that relates to the matter you're facing. Even if a family member or friend recommends you make use of a company they are aware, once they don't possess a focus that's just like your case, keep looking. When your attorney is definitely an expert, specifically in the trouble you're facing, you understand you've hired the correct one. 2. The Lawyer Has A Winning Record According to the circumstances, it might be tough to win an instance, especially if the team helping you has little to no experience. Search for practices which may have won numerous cases that pertain to yours. Although this is no guarantee that you simply case will probably be won, it will give you a significantly better shot. 3. They Listen And Respond In the event the attorney you've chosen takes some time to listen to your concerns and react to your inquiries, you've probably hired the right one. No matter how busy these are or how small your concerns seem off their perspective, it's essential that they respond to you in a caring and timely manner. From the purpose of view of an ordinary citizen who isn't informed about the judicial system, court cases could be pretty scary you want updates and to feel as if you're part of the solution. Some attorneys are simply a lot better to you and your case than the others. Make sure you've hired the most suitable team for the circumstances, to actually can place the matter behind you as quickly as possible. Faith inside your legal representative is step one to winning any case.
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Any Family Court Attorneys Out There Willing To Go Pro Bono?
I'M An Illegal Immigrant ,.Recently Divorced With Two Kids. I Couldnt Afford An Attorney,..Because I Didnt Contest The Divorce,..The Judge Said I Was In 'Default' And Awarded Her Sole Custody,..With Supervised Visitation,...And She Is Allowed Toleave The State With My Kids Whenever She Wants. I Have Been Demanded To Pay Child Support Of $ 1,040 A Month And Have Been Currently Unemployed For Almost Two Years Due To My Illegal Immigration Status. I Earnt Great Money One Year And The Judge Based My Support From That.I Dont Have That Job Anymore Because Of My Status.I Was Additionally Dragged Into Criminal Court For Domestic Abuse.That Was A Ploy To Get Custody And Was Thrown Out.,...I Cannot See My Children,..Have Arranged With The Ex Several Times,..But At The Last Minute She Backs Out. I Originally Defaulted In My Supervised Visitation,..Because After Several Attempts To Call,..All I Got Was An Answering Machine,...The Judge Frowned Upon That And Gave Supervised Visitation Again,Advice?
First of all why do you have supervised visitation? You need to contact a father's rights group to help you out. Family court is like going back to the stone age. Go to legal aid services. Even if your not legally in this country they will help you do to no income. Why don't you get a landscaping or farm workers job? Even a busboy or kitchen help in a restaurant that will pay under the table? The courts always see that the woman are supposed to be the better parent. In actuality that both parents should be constant in a childs life. There have been studies done that prove this. Philadelphia Department of Human Services did their own study concerning how children react when fathers are forbidden to see the children. Also it focused on when fathers who see their child on a regular basis and is thrown into jail for not paying child support.
What the courts did along with your wife is called legal kidnapping of your children. You should refile custody in the courts and get a new hearing in order for you to get visitation or partial custody. Also, your wife can not leave the state with your children without your permission if she flies. She can not leave the country without your permission. It is kidnapping and you can report it. This past year the state of PA passed a law that if a person files a false PFA and it is found out that it is false that person will do no less than 6 months in jail for perjury. Family court is the most abused court system in the country. Fathers have no rights at all. Our basic right is thrown out. Judges won't change the sytem. Lawyers are too afraid or worried if they try to fight the system that they won't make their money. Lawyers are the problem to the system. Judges that were lawyers are lawyers who couldn't make it as lawyers and now are screwing the system even more. As a divorced father of 2 children I am always being dragged into court for one thing or another. I do see my children every week on a regular basis.
Custody Vs. Guardianship?
My Ex Currently Has Physical Custody Of Boys, We Share Joint Legal. Kids Are 15 & 16. They Came For Summer Visit & Refused To Go Back To Dad. We Are Now Battling It Out In Court. I Didn'T Force Them To Go Back. Now Ex Says He Will Give Me 'Guardianship' Not 'Custody' Of The Boys. He Is In The Military & I Guess He Can Do This Under Some &Quot;Soldier Act' From 1939. What'S The Difference Between Having Legal Guardianship Or Legal Custody. Seem Like It Would Be The Same Thing. Anybody Know?
What state are you in? Each state defines custody and guardianship a little differently.
For example, the Illinois Probate Act defines "Guardian" as a legal representative of a minor.
The Juvenile Court Act contains perhaps the best and most comprehensive definitions:
(7) "Emancipated minor" means any minor 16 years of age or over who has been completely or partially emancipated under the "Emancipation of Mature Minors Act", ...
(8) "Guardianship of the person" of a minor means duty and authority to act in the best interests of the minor, subject to residual parental rights and responsibilities, to make important decisions in matters having a permanent effect on the life and development of the minor and to be concerned with his or her general welfare. It includes but is not necessarily limited to:
(a) the authority to consent to marriage, to enlistment in the armed forces of the United States, or to major medical, psychiatric, and surgical treatment; to represent the minor in legal actions; and to make other decisions of substantial legal significance concerning the minor;
(b) the authority and duty of reasonable visitation, except to the extent that these have been limited in the best interests of the minor by court order;
(c) the rights and responsibilities of legal custody except where legal custody has been vested in another person or agency; and
(d) the power to consent to the adoption of the minor, but only if expressly conferred on the guardian in accordance with Section 2-29, 3-30, or 4-27.
(9) "Legal custody" means the relationship created by an order of court in the best interests of the minor which imposes on the custodian the responsibility of physical possession of a minor and the duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care, except as these are limited by residual parental rights and responsibilities and the rights and responsibilities of the guardian of the person, if any.
In AZ, A guardianship can be filed when someone other than the parent wants to be appointed by the Court to take over parental responsibilities and neither living parent (whose parental rights have not been severed [terminated or cut off] by Court order) will file papers or go to Court to oppose the appointment. Guardians take over parental responsibilities for making decisions regarding housing, medical care, and education, among other things, for as long as the guardianship lasts. An order of guardianship is good until the Court changes or dismisses it, the child turns 18, or either parent files papers to terminate the guardianship. Guardianship is based on the parents' permission, or at least their failure to object to the guardianship. If either of the
parents later changes his or her mind and lets the Court know that he or she objects to the guardianship, the Court has no choice but to end the guardianship, but may refer the matter
for investigation as to whether a Dependency is needed.
Child Support Question For A Lawyer....Please Help?
I'M A Dad With Custody Of My Child. Her Mom Was Ordered To Pay $25/W Child Support. My Child Receives A Ssdi Check Every Month. Her Mom Quit Paying Child Support Because She Said She Didn'T Have To Pay If My Kid Is Getting A Check. Is This True Or Do I Need To Take Her To Court?
Child support rules vary greatly from state to state. As a general rule, however, a child support determination includes any income your child receives from SSDI. Therefore, the money is still owed. You should contact your local court and ask to speak to the child support enforcement office. They can help you take the necessary steps to enforce the child support order.
If The Market Is Over Saturated With Lawyers, Why Are The Price Of Legal Services Still So So High?
Legal services range from free to a couple thousand dollars an hour. The key is for consumers to be informed and willing to beat the bushes for adequate representation.
Does Anyone Have Any Idea How Long The Ct Probate Court Will Waite After You Have Placed An Add In The Paper To Notify Any Creditors Of A Death To Contact The Beneficerary Of Funds Dispersal?
Within 14 days after the first fiduciary's appointment, a newspaper notice will be placed by the Probate Court notifying the estate's creditors of the decedent's death, the creditors’ obligations to present claims promptly, the fiduciary's name, and the address where claims are to be presented. “Claims” include all debts incurred by the decedent prior to his death. The statutes provide that the fiduciary may send certified mail notice to creditors informing them that claims must be presented to the fiduciary within 90 days of the date of the notice, but the fiduciary is under no obligation to send notice to creditors. Creditors who do not receive certified notice have 150 days to present their claims to the fiduciary. The statutes permit creditors to ask the Probate Court for an extension of time to present claims in appropriate circumstances.
It is the responsibility of the fiduciary to determine the validity of any claim and notify the creditor of any claims he feels are not proper, in whole or in part. If there is doubt regarding the validity of a claim, Court assistance should be sought. One hundred and fifty days after the appointment of the fiduciary, a good faith fiduciary who has distributed estate assets will not be liable to the creditors of the estate. Beneficiaries may be liable for legitimate claims properly brought after final distribution of all those assets known to the fiduciary. Within 60 days after the 150-day period, the fiduciary must file with the Court a Return of Claims and List of Notified Creditors, PC-237, sworn to by the fiduciary.
Any expenses related to the decedent's death and the settlement of the estate are known as “administration expenses.” They include the funeral expenses, statutory Probate Court charges, legal fees, the fiduciary's fees, the cost of legal notices, and any expenses related to maintenance of the decedent's property incurred after the decedent's death. Certain expenses may take precedence over the claims of general creditors incurred before the decedent's death. Therefore, no claims from any creditor may be paid until it is determined that the assets of the estate are sufficient to cover the preferred expenses (taxes, funeral bills, expenses of last illness, etc.) and all claims of creditors. If the assets of the estate are not sufficient to cover the funeral expenses and expenses of the last illness of a married person, his spouse may be responsible for the payment of these expenses.
If the assets of the estate are not adequate to pay the debts, the estate may be settled as insolvent. The determination of whether an estate is insolvent will be made at a hearing held by the Probate Court following notice arranged by the fiduciary at the Court's direction. The procedure for settling an insolvent estate is substantially different from that for a solvent estate, and competent legal advice should be obtained.
State death tax returns (inheritance tax returns) must be filed within 9 months of date of death. Executor also must file final personal income tax returns. Make sure tax authorities accept the returns as filed.
Specific bequests should be paid after the executor is sure there is enough money to pay the decedent's debts, funeral and administrative expenses. In some cases, the beneficiary should receive a check within a month after the executor is appointed.
In most cases, distribution is within a year. In many cases the court will require an accounting.
I Know After Being Convicted For Dui Your Insurance Goes Through The Roof. If I Just Wait A Few Years And Don'T Drive/Insure Any Cars. Will The Insurance Jump Go Away? Or Will I Have To Pay For A Certain Amount Of Time So The State Still Gets There Money
Since DUI is considered a serious offense, it puts you in the extremely high risk category and you get major surcharges from insurance companies. Some companies will also just refuse to issue a policy all together.
Unlike the other person said, it does not affect your rates for life; not in the US, anyway. It will likely affect your insurance for 3-5 years. It would really depend on the insurance company. It MIGHT affect it for as long as 7 years in some places, but that's more of an extreme case. While ANY information generally stays on your criminal and driving records for life, insurance companies only look back as far as 5 years. Many states have restrictions as to how far back they look and it really doesn't help you if they look back 50 years. Again, generally they look back only 3-5 years depending on the state and insurance provider.
Yes, you will be paying extreme amounts for the next few years.
As for just not driving, that may or may not be a good idea. Sure, if you don't insure any cars for the next few years, you won't be paying the surcharges for that. However, insurance companies don't like to see lapses. In the future, when you go to purchase a vehicle and insurance, the provider will tack on a surcharge for not having any insurance. They want to see at least a year with continuous coverage. No lapses for any reason (non payment, no vehicle, whatever). They like to see longer periods of coverage, especially if it's with the same company. 3+ or 5+ years of continuous coverage would get you a discount on your policy down the road.
Really, refusing to purchase insurance now only prolongs the inevitable. You can either pay now and get a discount later, or pay later. It's six to one and a half dozen to the other. Sure the surcharge later will likely be lower than the DUI surcharge, but still, you may end up actually spending more.
As far as not driving, that's pointless. Insurance companies have no way of verifying that you drove or not and thus do not offer any discounts nor do they give surcharges based on you actually driving. They assume that since you have a license and maintain it, you were driving during whatever time they are looking at. Not driving, but keeping a valid license, actually helps your insurance rates in the future. The longer that you have a license, the more "experience" they figure you have. Whether or not you were ever behind the wheel is irrelevant.
Really, though, it's up to you. If you need a car, then you're going to have to get one and insure it. In that case, you'll need to bend over and pay the surcharges. Companies like The General and Progressive will insure anybody. They will charge you accordingly, but they rarely, if ever, deny a policy.
If you don't need a car, then decide on how badly you want one. Are you close enough to work that you can walk? Is public transportation available? Can you get to stores to get the things you need? Are you planning on relying on someone else to give you rides everywhere for the next 5 years? Trust me, they will begin to resent you for that. Don't do that to your friends and family. Sure, they may be fine with it now, but in a year? In three? In five? That's a huge burden. A ride once in a while is fine, but calling your personal taxi will have you alienated from your family in very short time.
Lastly, and not really relevant to the question itself, the state doesn't see a dime of the premiums you pay. They may get some tax money from the provider, but that's assuming the company is actually located in the state you live in. Regardless, the state doesn't care if you purchase insurance or not, they only care about cars themselves being insured. They couldn't care less about what you do.